Legal Opinion

McLane v. Johnson

Supreme Court of Vermont

Decided October 15, 1886PublishedCited by 4 opinions

Bill IN ChaNOBuy. Heard on the pleadings and a special master's report and the exceptions thereto, December Term, 1885, Orange County, Rowell, Chancellor.

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Bill IN ChaNOBuy. Heard on the pleadings and a special master's report and the exceptions thereto, December Term, 1885, Orange County, Rowell, Chancellor. It was decreed that the moneys advanced to the defendant and paid out at the request of the defendant by the orator from the funds of the estate of which orator is administrator, as specified in the report of the master, to the amount of $9,585.79, with the interest included therein to January 1, 1886, as is computed by the master, be allowed to the orator as against the defendant. And that there be allowed to the defendant against the…

1Opinion of the Court

The opinion of the court was delivered by

Powers, J.

The bill seeks to compel an offset of the claims held by the defendant against the estate of Jesse Johnson, to the amount of the .dividends to become due thereon, to the orator’s advances of money provisionally made to the defendant, and for the defendant’s benefit, to satisfy the original holders of such claims ; and for the payment to the orator of any balance that may be due him, above the amount of such dividends.

The defendant, amongst other things, incorporates in his answer a demurrer to the bill for Avant of equity. But such a demurrer…

2Cases cited9 opinions

  1. Wade v. PulsiferSupreme Court of Vermont · 1881
  2. Blake v. LangdonSupreme Court of Vermont · 1847
  3. Aiken v. BridgmanSupreme Court of Vermont · 1864
  4. Downer v. DanaSupreme Court of Vermont · 1845
  5. Ferris v. BurtonSupreme Court of Vermont · 1829

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
  2. Schwartz v. HaasSupreme Court of Vermont · 1999
  3. Phelps v. RootSupreme Court of Vermont · 1906
  4. Dyer v. DeanSupreme Court of Vermont · 1897

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